Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The scope of the Labour Code includes the categories of employees enumerated in sections 1 to 6. Certain categories (e.g. members of cooperatives, section 3) are governed by the Labour Code, unless another Act provides otherwise. The Committee requests the Government to supply any specific provisions on weekly rest applicable to these employees, other than those of the Labour Code.

Article 5. The Committee notes that the Labour Code does not provide for rest periods arranged to compensate for exceptions authorized in accordance with sections 91(2) to (4) and 96(1) and (2). Furthermore, section 96(3) of the Labour Code, while mentioning time off to be granted for overtime work, does not refer to any concrete provisions stipulating compensatory rest. The Committee therefore asks the Government to indicate any measures taken or envisaged with a view to providing, as far as possible, compensatory rest periods for workers engaged in industrial undertakings, under the circumstances specified under sections 91(2) to (4) and 96(1) and (2) of the Labour Code.

Part V of the report form. Please supply extracts from inspection reports and statistical data on the number of workers covered by the legislation on weekly rest as well as the number and nature of contraventions reported.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.